Opinion
February 9, 1999
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
Petitioner, having been charged with offenses arising from the same incident in both departmental and criminal proceedings, elected to resign rather than provide testimony at his departmental trial. Petitioner's resignation, having been strategically motivated and not the result of fraud, overreaching or other misconduct on respondents' part, was not improperly obtained and, accordingly, may not be judicially countermanded ( see, Matter of Cacchioli v. Hoberman, 31 N.Y.2d 287).
Concur — Williams, J. P., Wallach, Tom and Mazzarelli, JJ.